On March 7, 2014, the Ontario government filed regulatory amendments to General Regulation 909 under the Pension Benefits Act. O. Reg. 51/14 (General) exempts investments in securities issued and fully guaranteed by the government of the United States of America (“U.S.”) from the so-called “10% rule” in respect of the quantitative investment limits applicable to…
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Ontario Moving Closer to Creating Statutory Presumption for PTSD Claims Made by Emergency Response Workers
Managing mental illness flowing from workers’ compensation claims may become more difficult for emergency management services employers in Ontario. On February 27, 2014, Bill 67, the Workplace Safety and Insurance Amendment Act (Post-Traumatic Stress Disorder), 2014, passed Second Reading in the Ontario legislature with all-party support, and was referred to Committee for consideration. If passed,…
Arbitrator’s Remedy Includes Waiver of Sunset Provision
In Canadian Office & Professional Employees Union, Local 529 v Nipissing-Parry Sound Catholic District School Board, Arbitrator Jesin provided an interesting alternative to a simple “reinstatement without compensation” order, one that reflected the concerns of both the school board and the union. In this case, an educational assistant (“EA”) was dealing with a kindergarten student…
Finding of Charter violation leads to $2 million award against the B.C. government
In British Columbia Teachers’ Federation v. British Columbia, the B.C. Supreme Court awarded $2 million in damages against the B.C. Government for its violation of the freedom of association guarantee found in section 2(d) of the Canadian Charter of Rights and Freedoms (“Charter“). The British Columbia Teachers’ Federation (“BCTF”) successfully argued that legislation enacted by…
OLRB Revisits the Scope of its Authority To Consider Workplace Harassment Reprisal Complaints
In two recent decisions, the Ontario Labour Relations Board (“Board”) signalled that its powers under the Occupational Health and Safety Act (“OHSA”) to consider complaints arising out of the OHSA’s workplace harassment provisions may be broader than the findings articulated in an earlier case, Confortia v. Investia Financial Services Inc. In Investia, the Board had…
Reaching Out – Fifth Edition
Dear Friends, Well, the verdict is in. Six more weeks of winter according to our furry rodent weather prognosticators! And what better way to fill those cold blustery evenings than something interesting and topical to read? Welcome to the Winter 2014 Edition of Reaching Out, our newsletter specifically focussed on issues relevant, and of particular…
Ontario Introduces Legislation Tying Minimum Wage to CPI
Further to the Ontario government’s previously reported commitment to tie future minimum wage increases to the province’s Consumer Price Index, Bill 165, the Fair Minimum Wage Act, 2014 was introduced on February 26, 2014. Bill 165 would amend the Employment Standards Act, 2000 and create a new section 23.1, setting out a framework for the…
Ontario Introduces New Immigration Legislation
On February 19, 2014, the Ontario government introduced Bill 161, the Ontario Immigration Act, 2014, proposed legislation that would, if passed, create a new framework for the recruitment, selection and admission of skilled workers in the province, and establish a significant inspection, investigation and enforcement regime. Among other matters, Bill 161 provides for the establishment by…
OHSA regulations amended – Diving Operations, Mines and Mining Plants
On February 14, 2014, the Ontario government filed the following Occupational Health and Safety Act regulations: O. Reg. 32/14 (Diving Operations), extensively amending various sections of O. Reg. 629/94; and O. Reg. 34/14 (Mines and Mining Plants), amending Regulation 854 of R.R.O. 1990 (now in force). O. Reg. 32/14 comes into force March 1, 2014.
Pension Asset Transfers Made Easier
Long-awaited amendments to the Ontario Pension Benefits Act (“PBA”) regarding the transfer of assets between pension plans became effective on January 1, 2014. New supporting Regulations under the PBA[1] (the “Asset Transfer Regulations”) also came into force on January 1, 2014. This FTR Now provides a high-level overview of the new asset transfer regime. The…